News
Partial revision of the Swiss Cartel Act: Federal Council opens consultation procedure
The partial revision of the KG envisages adapting the Swiss test for merger control to international practice. The fundamental difference between the market dominance test applied in Switzerland so far and the newly envisaged SIEC test lies in the level of the intervention hurdle. Under the SIEC test, mergers can be prohibited or subject to appropriate conditions if they lead to a "significant" impediment to competition. In contrast, under the current standard of review, this is only possible if a merger "completely" eliminates effective competition. In addition, the planned revision also aims to strengthen private damages actions and provides for several procedural changes as well as a clarification with regard to inadmissible agreements.
The consultation period lasts until 11 March 2022. It can be assumed that the new provisions will not enter into force before 2023/24.